By Leeja Miller
In November, one adult toy company sued another adult toy company alleging infringement of their trademark rights in the term “ENBY.” The case has caused an uproar within the nonbinary and sexual wellness communities and has incited newfound interest in trademark law. It begs the question: can a company own a term like enby? . . .
By Leeja Miller
Former President Trump’s personal attorney Rudy Giuliani has had a rough couple of months. First, he was caught allegedly undoing his pants in the new Borat movie. Then he publicly sweat through his hair dye. Then he audibly farted during a Michigan election hearing. And finally, on December 6, it was announced that Rudy tested positive for Covid-19, not shocking for a man who was crisscrossing the country, mask-free, while attempting to justify his election fraud claims. One of Giuliani’s (somehow) more laughable snafus over the past few months offers a teachable moment in trademark law. On Saturday, November 7, the day the election was called for Biden, Rudy Giuliani held a press conference to refute the results of the election . . .
By David Rangaviz and Miranda Jang
Under what circumstances can a citizen be forced to unlock their smartphone for government inspection? On March 6, 2019, the Supreme Judicial Court decided Commonwealth v. Dennis Jones, in which the Court held that the government can compel a suspect to unlock their smartphone, and so disclose all of its contents, if it proves beyond a reasonable doubt that the suspect knows the passcode to the phone in question. The SJC held that the only “testimonial” aspect to an act of decryption is just the person saying that he or she knows the code to the target phone. Jones was the first decision from any state supreme court in the country to set out the constitutional rules around compelled decryption, which is one of the most significant self-incrimination issues in the digital age . . .